BILL ANALYSIS Ó
AB 2164
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Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
AB 2164
(O'Donnell) - As Introduced February 17, 2016
SUBJECT: Public postsecondary education: tuition and fees.
SUMMARY: Specifies that an eligible survivor, as specified, of
a firefighter or law enforcement officer, who died as a result
of an industrial injury or illness arising out of and in the
course of active fire suppression and prevention or active law
enforcement duties, shall not be charged mandatory tuition or
fees of any kind by the University of California (UC) Regents,
the Board of Directors of the Hastings College of Law, or the
California State University (CSU) Trustees.
EXISTING LAW:
1)Provides that no mandatory systemwide fees be required by the
UC Regents, the Board of Directors of Hastings College of Law,
or CSU Trustees, from any surviving spouse or child, of a
deceased person, who met all of the following requirements:
a) He or she was a resident of this state;
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b) He or she was employed by a public agency, or was a
contractor, or an employee of a contractor, performing
services for a public agency;
c) His or her principal duties consisted of active law
enforcement service or active fire suppression and
prevention; and,
d) He or she was killed in the performance of active law
enforcement or active fire suppression and prevention
duties, or died as a result of an accident or an injury
caused by external violence or physical force, incurred in
the performance of his or her active law enforcement or
active fire suppression and prevention duties (Education
Code (EC) Section 68120).
2)Requires that any determination of eligibility, as specified,
shall be consistent with any findings of the Workers'
Compensation Appeals Board, using the same procedures as in
workers' compensation hearings, as to whether the death of the
person, as specified, was industrial (EC 68120.5).
3)Provides various workers' compensation benefits for
firefighters, police officers, sheriffs, and their survivors
in case of death for injuries and illness caused by the long
terms exposures they face in their line of work, including,
but not limited to:
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a) Cancer and leukemia that manifest during the time of
active employment and up to 10 years after being employed
as a work-related illness (Labor Code (LAB) Section
3212.1);
b) Tuberculosis that manifests during the time of active
employment and up to six year after being employed as a
presumed work-related illness (LAB Section 3212.6); and,
c) Blood-born infectious diseases or specified skin
infections that manifest during the time of active
employment and up to six years after being employed as a
presumed work-related illness (LAB Section 3212.8).
FISCAL EFFECT: Unknown
COMMENTS: Background. The Alan Pattee Scholarship Act of 1970
was created in order to assist surviving family members of
firefighters and law enforcement officers who died in the line
of duty. The Act waives all mandatory tuition and fees at the
public postsecondary institutions of learning for these
survivors.
Throughout the almost 50 years of the creation of the Act,
California's workers' compensation laws have been amended to
reflect other serious occupational hazards firefighters and law
enforcement officers face, besides fire debris and bullets.
Workers' compensation laws today provide for benefits to these
public safety officers who also endure the cumulative effect of
exposure to toxic materials.
However, the Act has not been updated to reflect the workers'
compensation changes.
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Purpose of this measure. According to information provided by
the author, tuition and fee waivers for eligible survivors have
been "inconsistently awarded both within a single system and
across the varying segments." The author states, "Currently,
the Alan Pattee Scholarship Act does not recognize the long term
health hazards and harm that firefighters and police officers
face through the course of their careers, providing the fee
waiver to survivors only if the firefighter or police officer
'was killed in the performance of active law enforcement or
active fire suppression and prevention duties, or died as a
result of an accident or an injury caused by external violence
or physical force, incurred in the performance of his or her
active law enforcement or active fire suppression and prevention
duties.'"
Additionally, when the Act was amended in 1999, it only spoke to
the eligible survivors being waived mandatory systemwide fees.
The author contends that in the wake of various campuses being
able to charge campus based student success fees, some eligible
survivors are being charged fees, and others are not.
This measure amends the Act to specify eligible survivors shall
have all fees and tuition waived.
Furthermore, this bill makes it clear that survivors of
firefighters and law enforcement officers who died from a
work-related illness are eligible for all elements of the Act;
and, conforms the Education Code regarding firefighters and law
enforcement officers' benefits to reflect those found in the
Labor and Government Codes.
How many are benefiting? It is presently unclear as to the full
number of eligible survivors who have been awarded a full
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waiver. Committee staff understands that anecdotally, the
number is rather small for various reasons, among others, that
not all eligible survivors have been awarded the scholarship
under the Act at various campuses. However, according to
information provided by the author, during the 2013-14 academic
year, 39 eligible survivors enrolled at the CSU received the
scholarship.
Related legislation. AB 2166 (Cooper), which will be heard in
this Committee today, is similar in nature to this measure.
Committee consideration. As stated above, AB 2166 is similar in
nature to this measure; however, this measure seeks to correct
necessary changes to in order to align the Act with current
workers' compensation and other labor laws.
The Committee may wish to consider if it is prudent to pass out
two bills similar in nature, instead of one comprehensive
measure; and, encourage the authors of both measures to jointly
author the more comprehensive measure.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County and Municipal Employees
(AFSCME), Local 685
Association for Los Angeles Deputy Sheriffs
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California Association of Highway Patrolmen (CAHP)
California Fire Chiefs Association (CFCA)
California Labor Federation
California Police Chiefs Association
California Professional Firefighters (Sponsor)
California State Firefighters' Association
Fire Districts Association of California (FDAC)
Laborers' International Union of America (LiUNA), Local 792
Los Angeles County Probation Officers' Union
Los Angeles Police Protective League
Peace Officers Research Association of California
Riverside Sheriffs' Association
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Opposition
None on file.
Analysis Prepared by:Jeanice Warden / HIGHER ED. / (916)
319-3960